PocketLaw | USC 36 | Applications to replace an incumbent national

Applications to replace an incumbent national governing body

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§220528. Applications to replace an incumbent national governing body

(a) General.-An amateur sports organization may seek to replace an incumbent as the national governing body for a particular sport by filing a written application for certification with the corporation.

(b) Establishment of Procedures.-The corporation shall establish procedures for the filing and disposition of applications under this section. If 2 or more organizations file applications for the same sport, the applications shall be considered in a single proceeding.

(A) any Olympic Games, for a sport in which competition is held in the Olympic Games or the Paralympic Games, or in each of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games; or

(B) any Pan-American Games or Parapan American Games, for a sport in which competition is held in the Pan-American Games or the Parapan American Games, as applicable, but not in the Olympic Games or the Paralympic Games.

(2) The application shall be filed with the corporation by certified mail, and a copy of the application shall be served on the national governing body and with any other organization that has filed an application. The corporation shall inform the applicant that its application has been received.

(d) Hearings.-Within 180 days after receipt of an application filed under this section, the corporation shall conduct a formal hearing open to the public to determine the merits of the application. The corporation shall publish notice of the time and place of the hearing in a regular issue of its principal publication at least 30 days, but not more than 60 days, before the date of the hearing. The corporation also shall send written notice, including a copy of the application, at least 30 days prior to the date of the hearing to all amateur sports organizations known to the corporation in that sport. In the hearing, the applicant and the national governing body shall be given a reasonable opportunity to present evidence supporting their positions.

(e) Standards for Granting Applications.-In the hearing, the applicant must establish by a preponderance of the evidence that-

(1) it meets the criteria for certification as a national governing body under section 220522 of this title; and

(2)(A) the national governing body does not meet the criteria of section 220522, 220524, or 220525 of this title; or

(B) the applicant more adequately meets the criteria of section 220522 of this title, is capable of more adequately meeting the criteria of sections 220524 and 220525 of this title, and provides or is capable of providing a more effective national program of competition than the national governing body in the sport for which it seeks certification.

(f) Disposition of Applications.-Within 30 days after the close of the hearing required by this section, the corporation shall-

(1) uphold the right of the national governing body to continue as the national governing body for its sport;

(2) revoke the certification of the national governing body and declare a vacancy in the national governing body for that sport;

(3) revoke the certification of the national governing body and certify the applicant as the national governing body; or

(4) place the national governing body on probation for a period not exceeding 180 days, pending the compliance of the national governing body, if the national governing body would have retained certification except for a minor deficiency in one of the requirements of section 220522, 220524, or 220525 of this title and notify such national governing body of such probation and of the actions needed to comply with such requirements.

(g) Revocation of Certification After Probation.-If the national governing body does not comply with sections 220522, 220524, and 220525 of this title within the probationary period prescribed under subsection (f)(4) of this section, the corporation shall revoke the certification of the national governing body and either-

(1) certify the applicant as the national governing body; or

(2) declare a vacancy in the national governing body for that sport.

( Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1476 ; Pub. L. 105–277, div. C, title I, §142(p), Oct. 21, 1998, 112 Stat. 2681–609 ; Pub. L. 116–189, §§4(a)(10), 7(a)(2)(A)(v), Oct. 30, 2020, 134 Stat. 945 , 957.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
220528(a)	36:395(b)(1) (1st sentence).	Sept. 21, 1950, ch. 975, title II, §205(b)(1)–(4), as added Nov. 8, 1978, Pub. L. 95–606, §2, 92 Stat. 3056 .
220528(b)	36:395(b)(1) (last sentence), (2) (2d sentence).
220528(c)(1)	36:395(b)(1) (2d sentence).
220528(c)(2)	36:395(b)(2) (1st, 3d, last sentences).
220528(d)	36:395(b)(3) (1st–3d sentences).
220528(e)	36:395(b)(3) (last sentence).
220528(f)	36:395(b)(4) (1st sentence).
220528(g)	36:395(b)(4) (last sentence).

In subsection (c)(2), the word "also" is omitted as unnecessary.

In subsection (d), the words "course of such" and "respective" are omitted as unnecessary.

In subsection (e), before clause (1), the words "amateur sports organization" are omitted as unnecessary. In clause (2)(B), the words "the applicant" are substituted for "it" for clarity.

In subsection (f), before clause (1), the word "after" is substituted for "of" for consistency in the revised title. In clause (4), the words "decide to" are omitted as unnecessary. The words "for a period not exceeding" are substituted for "of not to exceed" for clarity.

In subsection (g), before clause (1), the words "with sections 220522, 220524, and 220525 of this title" are added, and the words "probationary period prescribed under subsection (f)(4) of this section" are substituted for "prescribed time period", for clarity.

Editorial Notes

Amendments

2020-Pub. L. 116–189, §7(a)(2)(A)(v), substituted "certification" for "recognition" wherever appearing, "certify" for "recognize" in two places, and "Certification" for "Recognition" in subsec. (g) heading.

Subsec. (c)(1)(A). Pub. L. 116–189, §4(a)(10)(A), which directed amendment of subpar. (A) of subsec. (c) by substituting "or in each of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games" for "or in both the Olympic and Pan-American Games", was executed to subpar. (A) of subsec. (c)(1), to reflect the probable intent of Congress.

Subsec. (c)(1)(B). Pub. L. 116–189, §4(a)(10)(B), which directed the general amendment of subpar. (B) of subsec. (c), was executed to subpar. (B) of subsec. (c)(1), to reflect the probable intent of Congress. Prior to amendment, subpar. (B) read as follows: "any Pan-American Games, for a sport in which competition is held in the Pan-American Games but not in the Olympic Games."

1998-Subsec. (c)(1)(A). Pub. L. 105–277, §142(p)(1), substituted "Olympic Games or the Paralympic Games, or in both" for "Olympic Games or both".

Subsec. (c)(2). Pub. L. 105–277, §142(p)(2), (3), substituted "certified" for "registered" and substituted "body and with any other organization that has filed an application." for "body."

Subsec. (d). Pub. L. 105–277, §142(p)(4), (5), inserted "open to the public" after "formal hearing" and inserted after second sentence "The corporation also shall send written notice, including a copy of the application, at least 30 days prior to the date of the hearing to all amateur sports organizations known to the corporation in that sport."

Subsec. (f)(4). Pub. L. 105–277, §142(p)(6), substituted "title and notify such national governing body of such probation and of the actions needed to comply with such requirements." for "title."

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